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I don't normally find myself agreeing with Trevor Mallard, but
the Labour firebrand does have a point when it comes to the eulogy
given by deputy commissioner Mike Bush at the funeral for Bruce
Hutton.

Hutton was the detective who a Royal Commission believed planted
evidence that led to the unjust conviction of Arthur Allan Thomas
for the murders of Harvey and Jeannette Crewe.

Hutton was never charged for the offence but the stigma of that
finding never left him, in the eyes of the public anyway.

When Mike Bush spoke at this funeral, he made comments that
angered Arthur Thomas.

Mallard has also seized on the comments as poor judgement, and
he's used it as an opportunity to attack police minister Anne
Tolley.

Mike Bush has repeated the line that his comments need to be
judged in the context of a funeral, attended by Hutton's widow and
children.

There's also been confusion over what comments were read from
Hutton's record, and which were Mr Bush's own.

So what were the comments? Thanks to an audio recording, we know
exactly what they are.

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First, Bush makes it very clear that he is there on official
police business.

He extends apologies for the absence of commissioner Peter
Marshall, who was in Afghanistan at the time.

He also says: "Thank you for the invitation to come here and
speak on behalf of New Zealand". Because the audio is not crystal
clear, it's possible he said "New Zealand police". Either way, it's
clear he is not speaking as Mike Bush, private citizen.

Mr Bush describes Hutton's career as 'long and distinguished".
There's no doubt those are his own words.

He then reads through Hutton's service record, including a
comment from a superior officer who wrote of Hutton (prior to the
Thomas case) that he had "integrity beyond reproach".

It's been suggested that "integrity" comment was made by Mr Bush
himself. It's not.

In concluding the eulogy, Mike Bush refers to the accusations of
planting evidence and pays this tribute: "It's a great tragedy and
an irony that a man of such great character should have been
subject to those accusations."

And that's all he calls them, "accusations". Despite them being
the findings of a Royal Commission.

Mallard used that comment to attack Tolley in the House last
month.

According to Hansard, he asked: "Does the Minister support the
comments made in the eulogy to the late Detective Inspector Bruce
Hutton by the Deputy Police Commissioner Mike Bush, including the
comment that Inspector Hutton was a man of "great character"?"

Tolley replied: "I understand that those comments were read from
Mr Hutton's service record, and that was an appropriate action to
take at the man's funeral in front of his family and friends."

Clearly, listening to the audio shows that the "great character"
comment was indeed Mr Bush's own, and not read from the service
record.

Tolley was wrong, but I don't believe she misled the House. More
on that later.

So Mallard does have the right to question the suitability of
that comment, from our second-highest ranked officer.

Especially as police themselves are still reviewing the Crewe
murder case. Should a senior cop be making such supportive comments
of Hutton, when officers under him are still investigating the
case?

That's pretty basic stuff; police trot that line out regularly
when media want information about a case police are
investigating.

Police shouldn't just have an open mind, they must be SEEN to
have an open mind.

Does the rule apply when they're investigating one of their
own.

And that leads to what I think is the most telling comment in
the whole eulogy, one that has been largely overlooked.

Early on, Mike Bush tells the mourners: "You will know the
police family never forgets its members, regardless of how long
they have been retired".

The police family never forgets its members. That comment speaks
volumes. Even a cop who was found to plant evidence is still a
member of the police family.

What hope then for an open-minded review of the Crewe case?

I don't think you can attach any blame to Tolley, who may have
been mistaken, and I believe answered honestly to the best of her
knowledge.

Mallard says Mike Bush shouldn't have to resign over the
comments, but they were inappropriate and Mr Bush should
acknowledge the commission's findings.